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United Kingdom

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Attorney definition

What does Attorney mean? In legal practice, an attorney is the person appointed by another (the donor) to act as their agent under a power of attorney. Attorneys owe fiduciary duties to act in the donor’s best interests and within the authority granted, keep records and avoid conflicts. An ordinary power ends on the donor’s loss of capacity or death; lasting/continuing/enduring powers can continue, typically on registration. England & Wales: an attorney is the donee of an ordinary power (Powers of Attorney Act 1971) or a lasting power of attorney for property and financial affairs or health and welfare (Mental Capacity Act 2005), registered with...

Can LPA attorneys renounce probate to enable substitute executor?

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Q&As

Mental incapacity of executor

Mental capacity may justify excluding an executor from Probate (see Evans v Tyler (1849) 163 ER 1266 at [131] (not reported on LexisNexis®)). The position for a sole executor who is incapacitated is governed by the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35...

Under the NCPR 1987, SI 1987/2024, the usual course is for the district judge or the registrar to issue a grant of administration (formerly termed a ‘durante dementia’) for the use and benefit of A, to continue until further representation is granted or otherwise as the district judge or registrar directs. See also NCPR 1987, SI 1987/2024, r 31...

Further, r 35(2) of the NCPR 1987, SI 1987/2024, prescribes the order of priority for a grant where the executor lacks mental capacity...

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Lynne Counsell

Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).Lynne has drafted the standard unit trust for the...

Web page updated on 27/05/2026

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